State v. Christiansen

¶1 After a previous trial that resulted in a hung jury, a jury in the Twelfth Judicial District Court, Hill County, convicted Kevin Lee Christiansen of his fourth Driving Under the Influence offense. Christiansen appeals his conviction. The sole issue is whether the District Court’s instruction on “actual physical control” at Christiansen’s second trial prejudicially affected Christiansen’s substantial rights and warrants reversal.

BACKGROUND

¶2 In May 2008, Deputy County Sherriff Geer found Christiansen sleeping in his vehicle, which was parked in the parking lot of a bar in Havre.…